Our site
http://mayorwatch.blogspot.com continues to monitor developments in the San Jose mayoral election.
A couple months ago our Chamber of Commerce sent out mailers bashing the progressive candidate for Mayor - Cindy Chavez. Now the political arm of the Chamber seeks to challenge the broken law on free speech grounds.
For historical reference, the head of the Chamber is fmr. Councilmember Pat Dando.
It is interesting how much the Dando camp complains about the city wasting money... but how willing they are to lockup taxpayer money through lawsuits.
For a brief historical reference, Dando's choice to replace her in District 10 Rich de la Rosa challenged the city's usage of eminent domain over the Tropicana shopping center. Regardless of the merits of the case (the lead plaintiff received $6.5M to drop the case), the lawsuit cost San Jose $1.4M in LEGAL FEES! (http://72.14.209.104/...)
Now, Dando is behind another lawsuit as her organization COMPAC sues the city over its mailers bashing Cindy Chavez. For those who don't remember, COMPAC sent out literature singling out Cindy Chavez for a number of votes she cast while sitting on the City Council. The mailers just happened to be sent out just weeks before the election.
The city requires that independent expenditures "in aid of or opposition to" a candidate be financed by individual contributions not exceeding $250. COMPAC's mailers were financed by contributions that exceeded this limit. COMPAC's argument, therefore, is that this mailing was "issue-oriented" and not "in aid or opposition to" a candidate.
At stake in this case is the very essence of campaign finance restrictions. If this facially ludicrus argument succeeds, the entire structure of CFRs will be gutted. These mailers could potentially serve as the blueprint for flouting campaign finance restrictions: just leave out the words "vote" and "election" and you got yourself an "issue-oriented" mailer!
This case is not about free speech. This case is not about ideology. It is about this election. From the Merc: Sutton asked the judge to be aware of the approaching Nov. 7 election as he reaches a decision. This is about COMPAC wanting to get one more chance to take another low blow against Cindy Chavez.